MEMORANDUM AND ORDER THAT MOTION OF DEFT. TO DISMISS PLAINTIFF'S COMPLAINT IS GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED THAT DEFT'S. MOTION TO DISMISS COUNTS I AND III OF PLAINTIFF'S COMPLAINT IS DENIED. IT IS FURTHER ORDERED THAT DEFT'S. MOTION TO DISMISS COUNT II OF PLAINTIFF'S COMPLAINT IS GRANTED. IT IS FURTHER ORDERED THAT PLAINTIFF SHALL HAVE UNTIL 3/10/08 TO FILE AN AMENDED COMPLAINT WITH RESPECT TO COUNT II. IT IS FURTHER ORDERED THAT DEFT'S. MOTION TO DISMISS COUNT IV OF PLAINTIFF'S COMPLAINT IS DENIED. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 2/12/08. 2/12/08 ENTERED AND COPIES E-MAILED.(er, )